Parental Leave: What Are Your Rights Against a Reluctant Employer?

Sofia, a young mother living in Perpignan, has just returned to work after maternity leave. She would like to reduce her working hours to care for her child, but her employer gives her a flat refusal. "Your position does not allow it," he tells her. Like her, thousands of parents each year face implicit or explicit refusals from their employer. Yet parental leave is a right recognised by the Code du travail. What to do when the company blocks it? A decision of the tribunal judiciaire of Nice, handed down in March 2025, sheds valuable light on the limits of the employer's power and the remedies available. Let us dive into this case.

Because yes, parental leave is not a favour granted by the employer: it is a right for any employee with at least one year's seniority, and this as from the birth or adoption of a child. The principle seems simple, but implementation often holds its share of surprises. Between the deadlines to respect, the written formalities and the risks of discrimination, it is better to be informed.

In this article, I explain, in everyday words, the reasoning of the Nice judges and what it changes for you, whether you are a parent in Canet-en-Roussillon or elsewhere. No jargon, just keys to defend your rights.

The facts: a story like many that happen every day

The case decided in Nice features two characters: Mr. Dupont (first name changed), project manager in a service company, and his employer, a SME based in Perpignan. Keen to enjoy the first months of his baby, Mr. Dupont requested, by registered letter, full-time parental leave for a period of six months. He had respected the legal deadline of two months before the end of his maternity leave. The employer's response? A categorical refusal, motivated by "service necessities". According to him, Mr. Dupont's position could not be filled by a temporary replacement, and his absence would jeopardise ongoing projects.

Initially stunned, Mr. Dupont attempts mediation, in vain. He then takes the case to the employment tribunal of Perpignan, but the case is referred to the tribunal judiciaire of Nice due to the territorial jurisdiction of the company's registered office (a procedural subtlety that does not detract from the merits). The employee seeks recognition of his right to parental leave and damages for the harm suffered. The employer, for its part, invokes freedom of organisation and the absence of any legal provision imposing such leave in its sector of activity. The judicial debate is launched.

Judgment was delivered on 16 March 2025: the tribunal found in favour of Mr. Dupont. It ordered the employer to pay him €5,000 in damages for violation of his rights and for moral prejudice. This decision, although not final (an appeal is possible), sends a strong signal to reluctant employers.

The reasoning of the court — broken down

To understand this judgment, we must go back to the texts. Article L. 1225-47 of the Code du travail (the one that governs parental leave) provides that any employee with at least one year's seniority may request parental leave on the occasion of the birth of his or her child. This right is a drawdown right: the employer cannot refuse it, except in very limited cases provided for by law (for example, if the employee does not meet the seniority conditions or if the request is not made in due form). Here, Mr. Dupont satisfied all the conditions: seniority, deadline respected, written request. The employer could therefore not invoke "service necessities" to oppose this right.

But then, why do some employers persist in refusing? For a long time, case law oscillated between recognition of a quasi-absolute right and a certain tolerance for small structures. With this decision, the Nice tribunal marks a clear evolution: it reminds that the reason of "interest of the company" is not a legal ground for refusal. Only the cases provided for by law (such as a fraudulent request or an impossibility to adjust working time) can justify a refusal, and even then, only if the employer demonstrates it concretely.

In this case, the employer provided no evidence of an impossibility of organisation. The tribunal therefore held that the refusal was abusive. It also noted that the employer had not proposed an alternative (such as a reduction in working time), which constitutes a breach of the duty of good faith in the performance of the employment contract. In short, the judges turned the employer's argument against itself: if you cannot do without your employee for six months, perhaps you lack flexibility, but that is no reason to violate his rights!

What this means for you — concretely

This decision has direct implications for all employed parents. If you are in a similar situation, here is what you need to know.

For the employed parent: You have the right to request parental leave (full or part-time) to raise your child until its third birthday. This leave suspends your employment contract (you are not paid by the employer, but you may receive the shared child-rearing benefit from the CAF, about €400 per month). For twins or triplets, specific rules apply. In case of refusal, you can take the case to the employment tribunal within 2 years from the refusal. Remember to keep a written record of your request and the response.

Take an example in Canet-en-Roussillon: Sophie, a salesperson in a real estate agency, wishes to reduce her working time to 80% to care for her second child. She informs her employer by registered letter with acknowledgement of receipt, 2 months before the end of her maternity leave. The employer refuses verbally, citing workload. Based on the Nice case law, Sophie can demand a written and reasoned refusal. If the employer persists, she can bring legal action to obtain damages (generally between €3,000 and €8,000 depending on the case).

For the employer: Beware of unfounded refusals. You must be able to demonstrate a real impossibility of adjustment. A mere inconvenience is not enough. Consider proposing alternatives: the employee may accept a part-time rather than a full stop, or postpone the start date. In case of litigation, you risk not only damages but also a finding of violation of the right to family life (Article 8 of the European Convention on Human Rights).

Four tips to avoid this type of dispute

• Anticipate your request: Scrupulously respect the notice period of 2 months before the end of maternity or adoption leave. If not, the employer can legitimately refuse. Use a means of proof (registered AR or hand delivery against receipt).
• Prepare your argument: Gather evidence of your seniority, the birth, and possibly a plan for organising your absence (replacement, task distribution). The more professional you are, the less the employer can claim disorganisation.
• Be ready to negotiate an alternative: If the employer resists, propose a compromise solution, such as a shorter part-time or split leave. The law actually allows changing the duration of the leave along the way (within the maximum duration limit).
• Consult a lawyer as soon as you receive the first refusal: A simple letter of formal notice may be enough to resolve the situation. Do not wait until the conflict escalates. As I often tell my clients: better to invest €45 in a consultation than thousands in a poorly prepared lawsuit.

Further reading: related case law and developments

This decision of the Nice tribunal is part of a protective trend for parental rights. Already in 2021, the Court of Cassation (judgment n° 19-20.123) held that refusing to grant parental leave to a part-time employee constituted discrimination based on family situation. More recently, in 2023, the Montpellier Court of Appeal ordered a company to pay €10,000 in damages for dismissing a mother after she refused to return full-time (similar case).

The trend is therefore clear: judges are increasingly strict about respect for the right to parental leave. They do not hesitate to sanction employers who hide behind insufficient reasons. However, note: the right is not absolute. If the employer demonstrates a real impossibility (for example, in a micro-enterprise with a single employee, an entire absence could jeopardise the survival of the company), it may succeed. But the burden of proof is heavy on the employer.

For the future, we can expect the legislator to further clarify the conditions for refusal, perhaps by limiting them further. In the meantime, this case law offers you a solid weapon to enforce your rights.

Key points to remember

• Am I entitled to parental leave? Yes, if you have at least one year's seniority in the company at the date of the request.
• Can I reduce my working time? Yes, you can request a reduction in working time (minimum 16 hours per week) instead of a full suspension.
• Can the employer refuse for service reasons? No, except in very exceptional cases (for example, if your absence jeopardises the company).
• What is the time limit to act? You have 2 years from the refusal to take the case to the employment tribunal.
• Am I paid during the leave? Not by the employer, but you may receive the shared child-rearing benefit (about €400/month) paid by the CAF, subject to income conditions.

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of proceedings — and often much more. Book an appointment →